Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1887-07-20

clared elected.
For the four readymen the following were
nominated George A. Ogden, f. A. Trav-
ers, B. 4. Young, Bernard Mccain, j. H..
Bartlett, A. Jackson Beach, Thomas Hayes,
F. Roberts
1st ballot Mccain H. Young 10, LAWYER
l2, Beach H. Bartlett 9, Ogden Z, Roberts D.,
Hayes s, Travers l.
An receiving over 10 were chosen. This
elected B. It. Young first, B. Mccain sec
ond, and A. ]. Beach third readyman. One
remained to be elected, fourth readyman.
I'd ballot: Lawler 10, Hayes s, Ogden 4,
Roberts /.
Sd ballot; Hayes 10, Lawler 9, Ogden 3.
4th ballot Hayes Is, Lawler $50 Thos.
Hayes was declared elected.
The Joint convention dissolved and the
beard adjourned.
MURDER TRIAL.-When the GAZETTE's
report of the trial of the three Kidwell boys
and Alfred Barrett, charged with the muir
der of George Wertenbaker, closed yester
day evening, A. ID. Sullivan was on the
stand for the prosecution. He was follow
ed by w. Duncan, A. j. Cheshire j. Dun
can and Shadrach Jackson, whose testimony
brought to light nothing new in the case
Court then adjourned till this morning when
the Jury was put in charge of the sergeant
again spending the night in the court room,
after taking supper and walk.
Court met shortly after o'clock this
morning, when A. F. Fisher was put upon
the stand by the prosecution, and after CIV
ing his testimony the witnesses for the de-
fence were examined. They were Thomas
HAYES, r. Mason, = Torrison, G.. Howell,
Douglas K;dwell lone of the prisonersl, JAS.
Black burn (coored) and w. E. Grady
Douglas Kidwell testified that he was on
his way from his home in Prince Georges
county, Md, to the brick works at Water
loo, and got on the train at the depot; the
conductor passed through the car, taking up
the tickets, when he handed him his; the
conductor took his ticket and passed on but
soon returned with another man when the
two grabbed him. threw him off and beat
him severely. This was all he recollected
of the beginning of the disturbance as he
was drunk at the time. He said that he was
the man who was put Off the train and not
Alfred Barrett as had been alleged by most
of the witnesses; said he was struck on the
head with piece of iron or something Of
that kind and was kicked in two places
about the head that two men had hold Of
in doug so they tore his coat. On cross
examination he said he did not throw any
stones nor did he see any one else throw
any ne was very drunk at the time.
All the evidence being in, Mr.. Leonard
Marbury, the Commonwealth's Attorney,
made the opening argument before the jury.
He presented the case clearly and logically,
contending that all the evidence went TO
show that Douglas Kidwell, after the aflray
was over, with malice in his heart, threw
the stone that killed Wortenbaker, the
brakeman, and that the jury ought TO find
him, and the other defendants, guilty as in
dicted. Mr. Marbury, who occupied about
an hour in the presentation of the Common
weaths side of the case, was followed by
Mr. John II. Greene, of counsel for the
prisoners, who said that if the defendants
were guilty Of murder, with malice in their
hearts, he asked no consideration for them
but he did not believe they WERE and
thought the representatives of the railroad
company, who commenced the allray by
putting the men oil the train without JUST
tication, were the parties to be held respon
sible. He contended that this was no5
case of the people against vioators of the
law, but case of n rich corporation against
the poor, using the Commonwealth as tool
to assist il in escaping damages for the
death OF one of its employees. He declared
that the introduction Of q stenographer in
tho court to take the testimony, at $50 day,
was most unusual occurrence, and from
that fact he argued that the power behind
tho throne in this case was the railroad
company.
Mr. Brent closed for the defence. He ar
gued that there was no evidence to estab-
fish the fact that Wertenbaker had been
killed by the blow in the stomach with
stone, but that death had rather resulted
from blow he had received on the head
during the row; he held that the stone
which struck Werlenbaker was not thrown
at him, but a. some one else, and was
thrown in self defence to protect the man
who was being assaulted; that the men
were unlawfully elected from The train and
that it was the train mems fault that tho
row occurred. In defence of the other four
men, he read authorities to show that the
mere presence ofthe men was not evidence TO
prove that they were aiders or abettors in
the difficulty. He closed his argument at
o'clock, at which time Court took recess
till 8, and the jurors were put in charge of
bailiG.
Court met again at 3 o'clock when MIR. Marbu
~ began his finishing argument Tor the Common
wealth. He spoke for an hour after which the
instructions to the jury as agreed upon by coun-
sci wcrc submitted, without argument aud the
case given to the jury. The Judge announced
that he would be in readiness to receive the YER
diet at any time up to o'clock tonight where
upon Court took
EXCITEMENT-Co Considerable excitement
WAS created, and n large crowd attracted,
at the Prince street wharf this morning,
when the steamer Mary Washington stop
ped on her way to River View, by diff
Guilty which occurred on the steamer. 1t
appears that young man of this city,
named Mont DeVaughan, who was under
the influence of liquor, was refused ticket
by Capt. Randall, whereupon he became
violent, and assaled the Captain, striking
him blow in the face. DeVaughan then
left the wharf, and upon the arrival on the
scene soon after the occurrence of officers
Davis and Hayes, he ran off, closely pun
sued by the officers, and after close chase,
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